NARAYAN PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Appellant Narayan Pradhan, has been convicted of offences under Sections 302 and 493 I.P.C. by Ad-hoc Additional Sessions Judge (Fast Track), District Sambalpur, in S.T.Case No. 391/13 of 2004-05, State of Orissa v. Narayan Pradhan , and has been sentenced to undergo imprisonment for life with fine of Rs. 5000/- (Rs. Five Thousand) and in default of payment of fine to undergo 1 year (One year) further RI on the first count, 2 years (Two years) RI with fine of Rs. 1000/- (One Thousand) and in default of payment of fine to serve additional RI for 6 (Six) months vide impugned judgment and order dated 12.8.2005. Learned trial Judge has further directed both the sentences to run concurrently while also conferring benefit of set off to the appellant for the period of imprisonment undergone by him. Challenged in this appeal by the appellant convict is to the aforesaid judgment and order.

(2.) While eschewing not so important factual happenings and evidences, the adumbrated prosecution allegations against the appellant, which are discernible from the prosecution evidences led in the Sessions trial, it is revealed that informant Subal Pradhan/PW5 and Indu Pradhan/PW7, both residents of village Haldi Nali, P.S.Charmal, district Sambalpur, had two sons (names not disclosed) and two daughters, Lata Pradhan (deceased) and Bhumi. Both the sons are younger to both the daughters. Appellant Narayan Pradhan is their co-villager and was a married man having a family including three children. The village has a place Bhagabat Gudi, where the village meetings are convened. Lata Pradhan, the deceased, was having an illicit love affair with the appellant, from whom she conceived and later on gave birth to a male child, but fact of illicit relationship came to the knowledge of the informant and his wife, PWs 5 and 7, just two months prior to their daughter attaining a motherhood. Informant convened a village meeting whereupon, the appellant took the deceased and her son to his house and kept them in a cowshed. However due to malnutrition supplied to the mother, the son lost his life just two days after his birth. Appellant, thereafter, kept the deceased in the cowshed for another eight days and thereafter assaulted and kicked her out. Deceased having no other choice returned to her parental house. Eight days thereafter the appellant came and promised to keep the deceased with him after getting a room constructed for her but did not abide by his promise. Prior to the date of the incident of her murder, a Wednesday, informant/PW5 had gone to his sister's house. Taking advantage of his absence appellant came to the informant's house on Wednesday night and, on a false promise to keep the deceased away from his first wife, who was opposing their relationships, and to maintain her from his earned wages, took the deceased on his cycle, albeit PW7 vainly requested him to wait till the arrival of the informant/PW5. At that time deceased was wearing a maxi, saya, and had carried her duppata and shawl. Next day morning, on Thursday 27.5.2004, the mother/PW7 saw the accused going to Hata but the deceased was not to be located. On query by the mother she was informed by the appellant that she had been kept at a proper place. At 10 a.m. informant/PW5 returned to his house and was narrated by PW7 about the past night happening and non-tracing of the daughter. Parents, PWs 5 &7, accompanied with Mohan Pradhan/PW8, fruitlessly searched for their daughter.

(3.) When the matter stood thus, one Kartik Nag, Railway keyman/PW9 of Charmal Railway Station, in-charge of 54.0 km to 59.0 km, while on duty, located the dead body of a girl lying near the railway track with bleeding injuries on her face between 54.8 to 54.9 k.m. He therefore, reported the matter to Rajan Kumar Das/PW1, Jr. Engineer, East Coast Railway, the same day at about 9.20/9.30 a.m. In turn the matter was reported to Saumya Ranjan Biswal/PW2, Station Master, Charmal Railway Station. PW2 consequently informed Narendra Kumar Sarangi, O.I.C., Police Station Charmal/PW21 through a written information/Ext.1, which was received to the O.I.C. at 10.30 a.m. on 27.5.04. As a follow up action, PW21 registered U.D. P.S. case No. 3 of 2004 and commanded Constables C/605 P. Munda and C/691 S.C.Majhi/PW12 to guard the corpse vide command certificate/Ext.10. PW21 personally proceeded for the spot at 10.45 a.m. where he found dead body of a female aged about 19 years stained with blood. Some blood stained stones were also lying at the spot. PW21, through requisition sent to S.P. Sambalpur, sought services of scientific team and also of dog squad which arrived at 1 p.m. Inquest on the deceased cadaver vide inquest report/Ext 2 was conducted. From Mugpal Railway Crossing deceased's blood stained slippers (chappal/M.O. VIII) were seized vide seizure list Ext.3. Vide seizure list Ext.4, blood stained stones (M.O. III to VII) and shawl/M.O. IX, of the deceased were seized. Hair of deceased, blood stained and plain earth, collected by DFSL were seized by PW21 vide Exts.19 and 20. Spot Map/Ext. 21 was prepared and by 7 p.m. corpse of the deceased was dispatched to V.S.S. Medical College, Burla for autopsy purpose through constables C/605 P. Munda and C/691 S.C.Majhi/PW12 along with command certificate/Ext.10 and dead body chalan/Ext 11.